According to MSNBC, The Grey’s Anatomy doc and his wife filed a suit today in Los Angeles County Superior Court against Gawker.com, the gossip-and-media website that posted a 12-minute video from 2007 featuring the couple cavorting, while nude or partially clothed, with the former Miss United States Teen turned Playboy model Kari Ann Peniche (she will also appear on Vh1’s Celebrity Rehab with Dr. Drew this fall).

The suit claims that Gawker refused to comply with a cease and desist request after first posting the video and then “went on to maliciously distribute an uncensored copy of the video, gratuitously including nude shots” of the video’s three subjects.